IN THE CASE OF:	

		BOARD DATE:	       29 July 2008

		DOCKET NUMBER:  AR20080008064 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of an earlier appeal for the Combat Infantryman Badge (CIB). 

2.  The applicant states, in effect, that he is submitting new statements and evidence that will show he served as an infantryman in Vietnam.

3.  The applicant provides a self-authored letter, dated 1 April 2008; three letters of Stressful Incidents addressed to the Department of Veterans Affairs (VA), all dated 1 April 2008; an undated letter of support from a former fellow Soldier; a letter of support from a fellow associate, dated 18 March 2008; a letter of support from his spouse, dated 1 April 2008, 4 pages of the Stars and Stripes, Pacific edition, issue dated 13 November 1967; a DD Form 603 (Registration of War Trophy Firearms) dated 6 November 1967; and 45 pages of VA Progress Notes.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070012044, on 12 February 2008.

2.  The applicant submitted self-authored letters, various letters of support, and VA Progress Notes that show he served as an infantryman and that he was 
being treated for sleep issues and Post-Traumatic Stress Disorder (PTSD) for his service in Vietnam.  These documents are new evidence which will be considered.  

3.  Upon completion of his advanced individual training (AIT) the applicant was awarded military occupational specialty (MOS) 76A (Supply Clerk).  He arrived in Vietnam with the 2nd Battalion, 47th Infantry, 9th Infantry Division on 10 January 1967.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as supply clerk and armorer in MOSs 76K and 76Y for the duration of his tour.

4.  There are no orders in the applicant’s service personnel records that show he was awarded the CIB.  There also is no evidence in his service personnel records that show that he was awarded an infantry MOS.  

5.  The applicant provided a self-authored statement, dated 1 March 2008.  He states, in effect, that he was assigned to the reconnaissance platoon in late June or early July 1967 after being reduced in rank.  He was in the reconnaissance platoon for 4 to 6 weeks.  He was then assigned to B Company, 2d Battalion, 47th Infantry as a line company infantry Soldier, where he served for the duration of his time in Vietnam.  He was involved in numerous combat situations during that time.  Sometime during September or October 1967, his platoon leader advised him that he would be getting his CIB.  

6.  The applicant submitted an undated letter of support from a former fellow Soldier.  The author stated, in effect, that he and the applicant were inducted in the Army during the same period and that he was also assigned to the 9th Infantry Division.  While in Vietnam he saw the applicant while he was assigned to his infantry company on three separate occasions.  On all of the occasions the applicant relayed to the author his experiences in the field.  

7.  On 13 November 1967, the applicant was honorably released from active duty.  

8.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the applicant may have served in an infantry unit while assigned in Vietnam and may even have served as an infantryman in a line company for a few months.  However, to be entitled to award of the Combat Infantryman Badge, the evidence must show that the applicant held and served in an infantry MOS; while assigned or attached to an infantry unit of brigade, regimental, or smaller size; and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence of record shows that while serving in Vietnam the applicant’s primary MOS was 76Y, supply.  In theory at least, he would have had the option of requesting to be taken out of the field as an infantryman and go back to performing duties in his primary MOS.  That was an option Soldiers holding an infantry MOS did not have.  Regrettably, since the applicant held a supply MOS and not a requisite infantry MOS, he was then and is still now ineligible for award of the CIB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx __  __xx ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20070012044, dated 12 February 2008.



      ___xxxxxxxx   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080008064



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ABCMR Record of Proceedings (cont)                                         AR20080008064


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